2016 Kentucky Revised Statutes CHAPTER 224 - ENVIRONMENTAL PROTECTION Subchapter 70 - Water Quality 224.70-150 Cabinet to maintain on its Web site a listing of waters defined as impaired by federal law -- Requirement for notice and opportunity for hearing to interested persons before submission to the Environmental Protection Agency of an impaired water designation for any new waters -- Cabinet's duty to provide notice and opportunity for public review and input in addition to federal notice requirements -- Cabinet's duty to remove from impaired listing waters which now meet water quality standards.
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224.70-150 Cabinet to maintain on its Web site a listing of waters defined as
impaired by federal law -- Requirement for notice and opportunity for hearing
to interested persons before submission to the Environmental Protection
Agency of an impaired water designation for any new waters -- Cabinet's duty
to provide notice and opportunity for public review and input in addition to
federal notice requirements -- Cabinet's duty to remove from impaired listing
waters which now meet water quality standards.
(1)
(2)
(3)
(4)
(a)
Beginning on July 1, 2014, the cabinet shall maintain on its Web site a listing
of:
1.
All waters or portion thereof in the Commonwealth identified pursuant
to 33 U.S.C. sec. 1313(d);
2.
Total maximum daily loads established after June 25, 2013; and
3.
All waters or portion thereof in the Commonwealth for which notice is
provided pursuant to subsection (2) of this section.
(b) The listing required by this subsection shall include:
1.
A detailed summary, in plain and unambiguous words that are easily
understood by laymen, of the basis for the listing. The summary shall
identify the location of all available data, in reasonably accessible form,
utilized in the cabinet's identification of the waters or portion thereof and
establishment of the total maximum daily load; and
2.
Sources of information utilized, sources and methods of data collection
and analysis, and the age of the data utilized.
(c) The cabinet shall maintain on its Web site a listing of local, state, and federal
resources, along with contact information, available to communities in efforts
to enhance compliance with applicable water quality standards.
No later than ninety (90) days prior to submitting to the United States
Environmental Protection Agency a new water or portion thereof to be included in
the list of waters or portion thereof identified pursuant to 33 U.S.C. secs.
1313(d)(1)(A) and 1313(d)(1)(B), the cabinet shall provide notice in accordance
with subsection (4) of this section that water quality data may indicate that the water
or portion thereof does not meet water quality standards applicable to that water or
portion thereof and shall offer the opportunity for review and public comment of no
less than sixty (60) days on the listing decision and the data and justification
therefor.
In addition to any other requirement imposed by federal law, prior to developing a
total maximum daily load pursuant to 33 U.S.C. sec. 1313 after June 25, 2013, the
cabinet shall provide notice in accordance with subsection (4) of this section and
shall offer the opportunity for public review and input throughout the total
maximum daily load development process.
Notice provided pursuant to subsections (2) and (3) of this section may be provided
electronically and shall:
(a) Include a reference to the location where additional information may be found,
including the county or counties in which the water or portion thereof is
(5)
located; and
(b) Be provided to all persons who have requested to be notified of new waters
added to the listing or total maximum daily load development.
If any water or portion thereof that has previously been listed or a total maximum
daily load established pursuant to 33 U.S.C. sec. 1313(d) meets water quality
standards, the cabinet shall take all necessary measures pursuant to applicable laws
and regulations to remove the listing and any requirements as a result of the
establishment of the total maximum daily load, except as necessary to otherwise
comply with applicable laws and regulations.
Effective: June 25, 2013
History: Created 2013 Ky. Acts ch. 98, sec. 1, effective June 25, 2013.
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